Failing to Stop for Police: Penalties Under Section 163 Road Traffic Act

Failing to stop for police is one of the most misreported offences in UK motoring law. Search for it, and you will find pages warning about penalty points, disqualification and even prison. Most of them are describing a different offence.

This guide sets out what Section 163 of the Road Traffic Act 1988 says, what it costs, and why it is so often confused with failing to stop after an accident. It covers the law in England and Wales.

The short answer. Section 163 of the Road Traffic Act 1988 requires a driver to stop when required to do so by a constable in uniform. Failing to do so is a summary offence. For a person driving a mechanically propelled vehicle, the maximum penalty is a level 5 fine, which has been unlimited since March 2015; for a person riding a cycle, it is a level 3 fine, capped at £1,000. Section 163 carries no penalty points and no disqualification directly. It is not the same offence as failing to stop after an accident under Section 170, which does carry points, a possible disqualification and a possible prison sentence.

What section 163 of the Road Traffic Act says

The power of a police officer in uniform to stop vehicles is contained in section 163 of the Road Traffic Act 1988:

(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.

(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.

(3) If a person fails to comply with this section he is guilty of an offence.

Two points matter: the officer must be in uniform, and cyclists are covered as well as drivers. The section creates a duty to stop. It does not by itself give an officer power to search you or your vehicle, which comes from separate stop and search powers.

What is the penalty for failing to stop for police?

The maximum penalty for this offence alone is a fine. The court cannot give you penalty points for it, and it carries no disqualification.

Drivers: For a person driving a mechanically propelled vehicle, the offence carries a level 5 fine. Level 5 fines ceased to have an upper limit in March 2015, so in practice, this is an unlimited fine. Courts deal with straightforward Section 163 cases by way of a modest financial penalty; an unlimited maximum is not the same as a likely outcome.

Cyclists. For a person riding a cycle, the maximum is a level 3 fine, capped at £1,000.

Does failing to stop for police carry penalty points?

No. Section 163 is not an endorsable offence, so nothing is added to your licence. It can still affect your insurance premium, because insurers ask about motoring convictions rather than about points alone.

Section 163 is not the same as failing to stop after an accident

These are two separate offences under two separate sections, and only one of them is about the police.

If it is the accident offence you are dealing with, our page on failing to stop after an accident covers it properly.

Is there a sentencing guideline for failing to stop for police?

Not a specific one. The Sentencing Council publishes a definitive guideline for failing to stop or report a road accident under Section 170, and that is what most people find when they search for "fail to stop sentencing guidelines". There is no equivalent for Section 163, because it is a fine-only summary offence; the court approaches it as it would other fine-only motoring matters, taking account of your means.

The offences usually charged alongside it

Section 163 rarely arrives on its own, and this is the part that actually matters. Charges commonly brought alongside it include dangerous driving, driving without due care and attention, speeding, driving whilst disqualified and driving without insurance. Those offences do carry points, disqualification and, in the more serious cases, imprisonment. If you are facing any of them, the Section 163 charge is unlikely to be what decides your outcome.

Is failing to stop for police a criminal offence?

Yes. It is a summary criminal offence, dealt with in the Magistrates' Court, and a conviction goes on your record even though no points are endorsed on your licence.

Charged with failing to stop alongside a more serious driving offence? Speak to our driving offence team before your first hearing. We offer fixed-fee agreements for driving cases, so you know the cost before you commit.

Frequently asked questions

How many points do you get for failing to stop for police?

None. Section 163 is not an endorsable offence. Points quoted online for "failing to stop" almost always relate to the Section 170 accident offence.

Can you go to prison for failing to stop for police?

Not for Section 163 alone, which is punishable by a fine only. A custodial sentence becomes possible where the manner of driving supports a further charge, such as dangerous driving, or where Section 170 applies.

Do you have to stop for an unmarked police car?

The duty arises when the requirement to stop comes from a constable in uniform, and officers in an unmarked vehicle may well be in uniform. If you are genuinely unsure whether a vehicle is a police car, you can drive on at a safe speed to a public place before stopping and call 999 to verify.

Does failing to stop for police affect your insurance?

It can. Insurers generally ask about motoring convictions rather than only about penalty points, so a Section 163 conviction may need to be declared even though your licence stays clean.

Speak to a driving offence solicitor

Section 163 on its own is a fine. What it arrives with is usually the real problem. If you have been charged with failing to stop alongside anything more serious, our driving offence team in London, Birmingham and Manchester can advise you on where the case is likely to go.

Contact us today:

[contact]

Written by Lisa Nicol, Managing Partner, Head of Crime and Serious Cases, JD Spicer Zeb Solicitors. Authorised and regulated by the Solicitors Regulation Authority, SRA no. 55671. This guide covers the law in England and Wales and is general information, not legal advice on your own case.